❓ Hon. Alan Cadby questions the Premier regarding a potential breach of the Telecommunications Act 1997 by the Department of Premier and Cabinet due to an unlicensed 'line link'. Hon. Kim Chance responds, stating the department is not supplying carriage services to the public and has legal advice supporting their position.
AnsweredQoN 664Legislative Council
QuestionView source ↗
I refer to the answer to my question without notice 578 on Tuesday, 17 August 2004. (1) Section 30(2) of the Telecommunications Act 1997 states - If: (a) a line is connected to another line; and (b) the other line constitutes, or forms part of, a line link; the first-mentioned line, and the line link referred to in paragraph (b), together constitute a line link. Given that it appears that the Department of the Premier and Cabinet is the owner of a line link of over 500 metres in length, and the use of that network without a carrier licence breaches the Telecommunications Act 1997, what steps will the Premier take to rectify the matter? (2) Is it the case that failing to correctly license a telecommunications network means that law enforcement and security agencies are unable to effect telephone intercepts on this network? Hon KIM CHANCE
AnswerView source ↗
I thank Hon Alan Cadby for a very challenging question. (1) In the event that the cabling was treated as one line link and therefore constituted a “network unit”, the Department of the Premier and Cabinet is not using the dark fibre network connections to supply carriage services to the public for the purposes of section 42 of the commonwealth Telecommunications Act 1997. The Australian Communications Authority and the State Solicitor’s Office concur with this view. More generally, the request for tender requires the successful tenderer for the provision and installation of the dark fibre network connections to provide warranties with regard to the provisions of the Telecommunications Act. (2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
(1) Section 30(2) of the Telecommunications Act 1997 states - If: (a) a line is connected to another line; and (b) the other line constitutes, or forms part of, a line link; the first-mentioned line, and the line link referred to in paragraph (b), together constitute a line link. Given that it appears that the Department of the Premier and Cabinet is the owner of a line link of over 500 metres in length, and the use of that network without a carrier licence breaches the Telecommunications Act 1997, what steps will the Premier take to rectify the matter? (2) Is it the case that failing to correctly license a telecommunications network means that law enforcement and security agencies are unable to effect telephone intercepts on this network? Hon KIM CHANCE replied: I thank Hon Alan Cadby for a very challenging question. (1) In the event that the cabling was treated as one line link and therefore constituted a “network unit”, the Department of the Premier and Cabinet is not using the dark fibre network connections to supply carriage services to the public for the purposes of section 42 of the commonwealth Telecommunications Act 1997. The Australian Communications Authority and the State Solicitor’s Office concur with this view. More generally, the request for tender requires the successful tenderer for the provision and installation of the dark fibre network connections to provide warranties with regard to the provisions of the Telecommunications Act. (2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
(b) the other line constitutes, or forms part of, a line link;
Hon KIM CHANCE replied: I thank Hon Alan Cadby for a very challenging question. (1) In the event that the cabling was treated as one line link and therefore constituted a “network unit”, the Department of the Premier and Cabinet is not using the dark fibre network connections to supply carriage services to the public for the purposes of section 42 of the commonwealth Telecommunications Act 1997. The Australian Communications Authority and the State Solicitor’s Office concur with this view. More generally, the request for tender requires the successful tenderer for the provision and installation of the dark fibre network connections to provide warranties with regard to the provisions of the Telecommunications Act. (2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
I thank Hon Alan Cadby for a very challenging question. (1) In the event that the cabling was treated as one line link and therefore constituted a “network unit”, the Department of the Premier and Cabinet is not using the dark fibre network connections to supply carriage services to the public for the purposes of section 42 of the commonwealth Telecommunications Act 1997. The Australian Communications Authority and the State Solicitor’s Office concur with this view. More generally, the request for tender requires the successful tenderer for the provision and installation of the dark fibre network connections to provide warranties with regard to the provisions of the Telecommunications Act. (2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
(1) In the event that the cabling was treated as one line link and therefore constituted a “network unit”, the Department of the Premier and Cabinet is not using the dark fibre network connections to supply carriage services to the public for the purposes of section 42 of the commonwealth Telecommunications Act 1997. The Australian Communications Authority and the State Solicitor’s Office concur with this view. More generally, the request for tender requires the successful tenderer for the provision and installation of the dark fibre network connections to provide warranties with regard to the provisions of the Telecommunications Act. (2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
(2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
(1) Section 30(2) of the Telecommunications Act 1997 states - If: (a) a line is connected to another line; and (b) the other line constitutes, or forms part of, a line link; the first-mentioned line, and the line link referred to in paragraph (b), together constitute a line link. Given that it appears that the Department of the Premier and Cabinet is the owner of a line link of over 500 metres in length, and the use of that network without a carrier licence breaches the Telecommunications Act 1997, what steps will the Premier take to rectify the matter? (2) Is it the case that failing to correctly license a telecommunications network means that law enforcement and security agencies are unable to effect telephone intercepts on this network? Hon KIM CHANCE replied: I thank Hon Alan Cadby for a very challenging question. (1) In the event that the cabling was treated as one line link and therefore constituted a “network unit”, the Department of the Premier and Cabinet is not using the dark fibre network connections to supply carriage services to the public for the purposes of section 42 of the commonwealth Telecommunications Act 1997. The Australian Communications Authority and the State Solicitor’s Office concur with this view. More generally, the request for tender requires the successful tenderer for the provision and installation of the dark fibre network connections to provide warranties with regard to the provisions of the Telecommunications Act. (2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
(b) the other line constitutes, or forms part of, a line link;
Hon KIM CHANCE replied: I thank Hon Alan Cadby for a very challenging question. (1) In the event that the cabling was treated as one line link and therefore constituted a “network unit”, the Department of the Premier and Cabinet is not using the dark fibre network connections to supply carriage services to the public for the purposes of section 42 of the commonwealth Telecommunications Act 1997. The Australian Communications Authority and the State Solicitor’s Office concur with this view. More generally, the request for tender requires the successful tenderer for the provision and installation of the dark fibre network connections to provide warranties with regard to the provisions of the Telecommunications Act. (2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
I thank Hon Alan Cadby for a very challenging question. (1) In the event that the cabling was treated as one line link and therefore constituted a “network unit”, the Department of the Premier and Cabinet is not using the dark fibre network connections to supply carriage services to the public for the purposes of section 42 of the commonwealth Telecommunications Act 1997. The Australian Communications Authority and the State Solicitor’s Office concur with this view. More generally, the request for tender requires the successful tenderer for the provision and installation of the dark fibre network connections to provide warranties with regard to the provisions of the Telecommunications Act. (2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
(1) In the event that the cabling was treated as one line link and therefore constituted a “network unit”, the Department of the Premier and Cabinet is not using the dark fibre network connections to supply carriage services to the public for the purposes of section 42 of the commonwealth Telecommunications Act 1997. The Australian Communications Authority and the State Solicitor’s Office concur with this view. More generally, the request for tender requires the successful tenderer for the provision and installation of the dark fibre network connections to provide warranties with regard to the provisions of the Telecommunications Act. (2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
(2) There is no failure to correctly license a telecommunications network. It is open to a judge to issue a telecommunications warrant under the Act authorising the interception of a communication on a telecommunications system that is not required to be licensed under the Telecommunications Act 1997. I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
I hope that clears up that matter for Hon Alan Cadby, because I suspect the answer did not do much for me or anyone else.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.